Article 15: Difference between revisions

Note, Article 43 of the SFUCMJ prohibits the imposition of NJD more than two years after the commission of the offense.

<h4 style="font-family: 'Trebuchet MS','Arial'; color: royalblue; font-weight: bold;">Right of the Accused to Demand Trial by Court-Martial</h4>

Except in the case of a person attached to or embarked in a vessel, an accused service member may demand trial by court-martial in lieu of NJD. The key time factor in determining whether or not a person has the right to demand trial is the time of the imposition of the NJD, and not the time of the commission of the offense. The Star Fleet member should be informed of their right to demand trial by court-martial in lieu of NJD; of the maximum disciplinary measure which could be imposed at NJD; of the fact that, should they demand trial by court-martial, the charges could be referred for trial by summary, special, or general court-martial; of the fact that they could not be tried at summary court-martial over their objection; and that, at a special or general court-martial, they would have the right to be represented by counsel.

If the accused does not demand trial by court-martial within a reasonable time after having been advised of their rights (usually 3 workdays unless the commander grants an extension), or if the right to demand court-martial is not applicable, the accused shall be entitled to appear personally before the commanding officer for the NJD hearing. At such hearing, the accused is entitled to:<br>

(1) be informed of their rights under Art. 31, SFUCMJ (self- incrimination);<br>